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Immigration Daily

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Immigration Daily October 8, 2002
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Editor's Comments

The N-648, N-470, N-426, I-643, and I-693 have been updated in the forms section. Processing times have also been updated.


INA And INS Regulations At Your Fingertips

While writing to the INS about a RFE or preparing a petition, how do you keep the INA and all the relevent regulations of the INS at your fingertips? Attorneys have been using the exaustive topic indices in the 8 CFR Plus and The Whole ACTINA (Annotated) to do just that for years. To read more, please click here.

Featured Article

Occupational Therapists Licensing Requirements By State
Gregory Siskind and Karen Weinstock provide a state-by-state listing of Occupational Therapists' licensing requirements.

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Immigration Law News

Third Circuit Notes No "9/11 Downward Departure" Possible
In US v. Cort, No. 01-4155 (3rd Cir. Jun. 6, 2002), the court considered Defendant's contention for a downward departure based on the government's response to the 9/11 attacks by sealing our border to unlawful entry, thus reducing the deterrent effect of sentences for unlawful entry after deportation, since such entries may no longer be possible, and his contention that the financial resources to incarcerate deportable aliens could be more profitably used in the war on terrorism. The court paranthetically noted that such a downward departure would create separate classes of sentences for US citizens and illegal aliens, which was untenable in that illegal aliens would here get a sentencing windfall, and that since 9/11 it was arguably more important than ever to send messages of deterrence to illegal aliens who seek to commit unlawful acts on US soil, and that it was upto Congress to make fiscal decisions.

Deportation Is An Act, Not An Order Directing That Act, For Purposes Of 8 USC 1326(b)(2)
In US v. Zelaya, No. 01-13015 (11th Cir. Jun. 11, 2002), the court held that the Defendant did not exhaust his administrative remedies since he could have requested recission of his deportation order even though he learned of it only upon being released from state custody, or even after his removal from the US, and held that INS's notice to him to the last address he submitted was not flawed since he was responsible for keeping the INS informed of his current address, and that for purposes of 8 USC 1326(b)(2), deportation was subsequent to a conviction when the alien is physically removed from the US after the conviction even if the warrant for the deportation was issued before the conviction.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Rep. Tancredo Decries Undocumented Immigration
Writing in the Denver Post, Rep. Tancredo says "Now consider the fact that massive immigration, combined with our self-destructive policies of radical multiculturalism, have helped to Balkanize America to the point where upwards of 8 million people living here are so undecided about their loyalties that they claim dual citizenship. Many millions more simply live here, but fail to relinquish previous political attachments."

Spouse Of 9/11 Victim To Be Deported
The New York Times reports "Husband of a 9/11 Victim Is Told He'll Be Deported"

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


Help Wanted: Research And Writing Attorney
The Law Office of Martin Resendez Guajardo, San Francisco, California is seeking an experienced attorney to serve as a Research and Writing Attorney in a wide variety of complex immigration litigation issues, in District Court and in the Court of Appeals relating to deportation defense. Excellent academic credentials and at least four years minimum of direct responsible experience in a firm which specializes in immigration law are required. The applicant must be an active member in good standing of the Bar. Salary depends on experience. You must submit a detailed resume with cover letter in order to be considered for this position. You may fax your resume to (415) 398-4862 or forward via E-mail to Applicants are screened based upon their relevant knowledge, abilities, skills, and experience. Due to the volume of applications received, generally, only applicants selected for further consideration and interview will be contacted. No telephone inquiries.

Help Wanted: Immigration Associates
The Law Office of Robert B. Jobe is a nationally-recognized immigration law firm that focuses on asylum and deportation defense. We represent refugees from all over the world seeking safe-haven in the United States. Indeed, through its litigation efforts, our office has defined the contours of asylum law in the western United States. In a series of highly significant precedential decisions, our office established several important principles of law, including: (1) in the absence of evidence showing a legitimate prosecutorial purpose, the courts must presume that a government's harassment of an individual is politically motivated; (2) the presumption of future persecution that arises upon a showing of past persecution can be rebutted only by evidence of changed country conditions; and (3) where the government is the persecutor, a court must presume that the applicant is at risk country-wide. Our five attorneys are supported by a staff of 10 who work in a pleasant, dynamic, and fast-paced environment in downtown San Francisco. For more information about our firm, go to We now have openings for immigration associates for our expanding office. The ideal candidate would: * be a member, in good standing, of the Bar of any state; * have a passionate commitment to immigrants' rights and social justice; * have excellent research and writing skills, strong academic credentials, and an interest in public speaking; * have the ability to meet deadlines and juggle multiple tasks; and * be fluent or proficient in a foreign language. Associate responsibilities include representing clients before the INS, immigration and other courts, preparing clients for interviews and hearings and research/write legal briefs. We offer competitive salaries, medical benefits, a 401(k) plan, and all the coffee you can drink (and muffins you can eat). To apply for this position, please e-mail a letter and your resume to or fax it to 415-358-4716.

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Letters to the Editor

Dear Editor:
ILW.COM carried an excerpt of my recent book related to US visas called "Gateway to America" in Immigrant's Weekly. I wonder if you would be interested to carry a book review of my book. If so, please inform as to where should I send?

Arun Vakil

Editor's Note: Immigration Daily carries book reviews as part of the Featured Article section. Please send book reviews to for consideration for publication. We prefer reviews of books on immigration law, but we will occasionally carry reviews of books on other immigration-related subjects. We prefer (but do not require) that reviewers be immigration attorneys.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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